Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RIVER IMPROVEMENT TRUST ACT 1940 - SECT 20

20 Offences

(1) Every person shall be guilty of an offence against this Act who—

(a) obstructs or hinders a person exercising powers under this Act; or
(b) contravenes or fails to comply with any provision of this Act, or with any term, condition, or provision of any notice under this Act; or
(c) fails to comply with any term, condition, or provision of an agreement made by the person under this Act; or
(d) damages or destroys or attempts to damage or destroy any works.

(2) If any person is guilty of an offence against this Act for which no specific penalty is prescribed the person shall be liable to a penalty not exceeding 40 penalty units.

(3) All penalties incurred for any offence against this Act may be recovered in a summary way under the Justices Act 1886.

(3A) Proceedings for an offence against this Act may be instituted at any time within 6 months after the commission of the offence or within 4 months after the discovery thereof by the complainant, whichever is the later period.

(4) Upon convicting any person for an offence in respect of damaging or destroying or attempting to damage or destroy any works, a court may, in lieu of or in addition to any penalty therefor, order such person to pay to the trust concerned the whole of the expenses reasonably incurred by the trust as a result of the commission of such offence.

(5) A defendant shall not be required to pay, pursuant to subsection (4), an amount by way of reimbursement for making good damage to any works other than works which the defendant has directly damaged.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]